WILL: David Swezy; Starkey, Yates co., NY surname: Swezy, Drake, McQuoid, Philips, Penny, Nobles, Hunt submitted by Allan Rauner (raunera at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: January 22, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 9.4 Kb ************************************************ Source: sampubco.com Yates co NY Will Book Vol F, Page 189 Written: December 30 1850 Recorded: February 11 1853 Yates County Surrogate Court Liber F, Page 189 Surrogate Court, Yates County In the matter of proving the last will and testament of David Swezy deceased Yates County: Alonzo Simmons of Reading Steuben county being first duly sworn says That he received the instrument in writing purporting to be the last will and testament of David Swezy deceased from the said David Swezy immediately after he executed the same and that the same remained in the custody of this deponent until he brought the same to the office of the County Judge of Yates County where he deposited the same for probate, and that whilst the said instrument remained in the custody of this deponent the same was in no respect altered or changed And this deponent further says not. Alonzo Simmons Sworn and Subscribed before me this 11th day of February 1853. John L. Lewis Jr. Yates County Judge Yates County: Alonzo Simmons of the town of Reading in the county of Steuben being first duly sworn deposeth and saith hat he saw David Swezy deceased Subscribe the instrument now shown to him this deponent and which purports to be the last will and testament of the said David Swezy deceased bearing date the thirtieth day of December in the year of our Lord one thousand eight hundred and fifty. That he heard the said David Swezy declare the same to be his last will and testament and that he this deponent did subscribe his name as a witness thereto at the request of the said David Swezy and in his presence And further that at the time thereof the said David Swezy was of sound mind and memory, of full age and not under any restraint. And further this deponent saith that the said David Swezy at the time he executed the said instrument resided in the town of Starkey in said county of Yates and continued to reside in said town of Starkey till the time of his death. Alonzo Simmons Sworn and Subscribed before me this 11th day of February 1843. John L. Lewis Jr. Yates County Judge Yates County: Mary S. Simmons of the town of Reading in the county of Steuben being first duly sworn deposeth and saith That she saw David Swezy deceased Subscribe the instrument now shown to her this deponent and which purports to be the last will and testament of the said David Swezy deceased bearing date the thirtieth day of December in the year of our Lord one thousand eight hundred and fifty That she heard the said David Swezy declare the same to be his last will and testament and that this deponent did Subscribe her name as a witness thereto at the request of the said David Swezy and in his presence. And further that at the time thereof the said David Swezy was of sound mind and memory, of full age and not under any restraint. And further this deponent saith not Mary S. Simmons Sworn and Subscribed before me this 11th day of February 1853. John L. Lewis Jr. Yates County Judge (Will) Know all men by these presents that I David Swezy of the town of Starkey, County of Yates and State of New York being of sound mind and memory do make and publish this my last will and testament in manner following. First. I order and direct my Executors herein after named to sell all my real estate of every description and wheresoever situated in such proportions and on such time and terms as shall be most advantageous for my children as soon after my decease as they possibly can without sacrificing therefore and thus reduce all my real estate to money or cash securities. Secondly. I order all my household furniture stock and personal property of every kind to be reduced to money or cash securities to the best advantage Thirdly I order and direct all my honest debts to be paid Fourthly I give and bequeath to my son Samuel H. Swezy Six Hundred Dollars, and I give and bequeath to my son Jerome H. Swezy Four Hundred Dollars Fifthly After the payment of the two legacies above mentioned I order and direct that all the rest, residue and remainder of my real and personal estate or the avails thereof be divided among my children hereinafter named as follows (viz) I order and direct that my four boys Gilbert V. Swezy, John W. Swezy, David C. Swezy deceased and Gabriel N. Swezy shall have two thirds of the avails of the real and personal estate to be equally divided by them and in the case of the heirs of David C. Swezy deceased I order and direct that Sarah the daughter of David C. Swezy deceased shall have Fifty Dollars and that Charles the son of David C. Swezy deceased shall have Fifty Dollars and the remainder if any of the share going to David C. Swezy deceased be equally divided among the other four children of the said D.C. Swezy deceased and the remaining one third of my said estate I order and direct shall be equally divided among my six Girls. Mary Ann the wife of Thomas Drake deceased Sally the wife of Charles McQuoid, Abigail the wife of Henry Philips, Dolly the wife of Nathaniel Penny, Hannah Jane the wife of Symon F. Nobles and Adaline the wife of William Hunt, and I order that the share going to Mary Ann Deceased the wife of Thomas Drake be given to the three daughters of said Mary Ann deceased and in the case of Gabriel N. Swezy if he does not pay me or my Executors the amount of a certain Judgement obtained against me on the chote (note?) I signed said Gabriel N. Swezy for Books which said Judgement is now about Five Hundred Dollars, damage, costs & interest then in that case I order that the said share going to said Gabriel N. Swezy be applied on the debt or judgement comeing from said Gabriel N. Swezy to me on account of said Judgement. Sixthly I appoint my sons Gilbert V. Swezy and Samuel H. Swezy and my son in law William Hunt Executors of this my last will and Testament hereby giving and granting unto my said Executors full power and authority to make and execute all Deeds, conveyances, or other _untings necessary to carry out and perform my orders and will as herein set forth and expressed. In witness whereof I have hereunto set my hand and seal this Thirtyeth day of December in the year of our Lord one thousand eight hundred and fifty_ David Swezy (Seal) The above instrument of one sheet was at the date thereof declared to us by testator David Swezy to be his last will and testament he executed the Same in our presence and we at his request and in his presence signed our names hereto and attesting witnesses Alonzo Simmons of the town of Reading County of Steuben and State of New York Mary S. Simmons of the town of Reading Steuben County and State of New York State of New York Yates County: It is hereby certified that at a Surrogates Court duly held in and for said county of Yates on the eleventh day of February 1853 the last will and testament of David Swezy late of Starkey in said county deceased (being the annexed written instrument) was duly proved before the County Judge of said county according to law and by him duly admitted to probate as such last will and testament as a will of real and personal estate, and that said will and the proofs and examinations taken in respect to the same have been duly recorded in the Surrogate's office of said county: and it is further certified that Letters Testamentary were on the Same day duly granted to Gilbert V. Swezy, Samuel H. Swezy and William R. Hunt the Executors appointed in and by said will they having taken and Subscribed the oath required by law as such Executors. In Testimony whereof the said County Judge has hereunto subscribed his name and affixed his seal of office. (seal) John L. Lewis Jr., Yates County Judge State of New York Yates County: It appearing upon the proofs duly taken in respect to the last will and testament of David Swezy late of Starkey in said county deceased that the said David Swezy died at Starkey aforesaid on the fourth day of December in the year 1852: that the said will was duly executed and that said David Swezy at the time he published and executed the same was in all respects competent to divide real estate and to bequeath personal property and not under restraint, and an order to that affect having been thereupon duly entered, the said proofs and administrations and the said last will and testament with the certificate of probate therein are hereby recorded in my office and are signed and certified by me pursuant to statute this eleventh day of February 1853. John L. Lewis Jr., Yates County Judge